Delhi

North East

CC/449/2022

Pradeep Kumar - Complainant(s)

Versus

H-Residency - Opp.Party(s)

21 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.449/22

In the matter of:

 

	Pradeep Kumar 42 A, Pocket A, Dilshad Garden, Delhi 110031	Complainant
	Versus
	H-Residency HCMR Complex Main Wazirabad Road, Near Yamuna Vihar, Gokalpuri, Delhi 110094	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                         DATE OF ORDER  :

19.12.2022 26.09.2023 21.05.2024

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

ORDER

Anil Kumar Bamba, President

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that Complainant and Opposite Party had executed an agreement and Complainant hired one AC hall for celebrating of his son’s birthday on 03.07.2022. It is his case that Opposite Party agreed to provide dinner along with banquet complex for 200 people at the rate of Rs. 750/- per plate. The sum of Rs. 1,55,000/- was finalized for the entire event by the Opposite Party. Complainant paid an advance payment of Rs. 1,40,000/- to the Opposite Party according to the hotel policy. It is his case that on the day of occasion at 7:00 p.m. when Complainant reached the banquet hall for celebrating his son’s birthday then Complainant got to know that AC of the banquet was not working. After that the Opposite Party shifting the hall and after shifting to other hall Complainant got to know that AC of that hall was also not working and Complainant and his guests had to face difficulty. After that the Complainant tried to inform the Opposite Party about the situation to which Opposite Party replied that hall had already been shifted and AC would start working in sometime. Complainant stated that after shifting to new hall there was no water and proper food services available to the Complainant and his guests due to which most of the guest left without eating the food. Thereafter, around 10:00 p.m. Complainant along with his family decided to cut the cake but AC was not working due to which entire cake was melt. Thereafter, Complainant tried to contact the manager of the Opposite Party but mobile phone of the manager of the Opposite Party was switched off for more than 03 days. After a week Complainant again tried to reach manager for refund but Opposite Party denied the same. Complainant tried to reach Opposite Party on many occasions but no response was received. On 13.08.2022 Complainant also sent a legal notice to the Opposite Party. Hence, there is deficiency of service on the part of Opposite Party. Complainant has prayed to direct the Opposite Party to pay an amount of Rs. 1,45,000/- along with interest of 18 % p.a., Rs. 2,50,000/- on account of mental harassment and Rs. 75,000/- on account of litigation expenses.  
2. None has appeared on behalf of the Opposite Party to contest the case despite service of notice. Hence, Opposite Party was proceeded against ex-parte vide order dated 16.03.2023.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and written arguments filed by the Complainant.The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. The Opposite Party is directed to pay Rs 1,45,000/-   to the Complainant  along with interest @ 9 % p.a. from the date of filing the complaint till recovery.  The Opposite Party is further directed to pay Rs. 20,000/- on account of  mental harassment and     Rs. 10,000/- on account of litigation expenses to the Complainant along with interest@ 9 % p.a. from the date of this order till recovery.
6. Order announced on 21.05.2024.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)